What are the risks?

G

greekpig

Guest
Does anyone know the risks and likelihood of the dreaded knock on the door from the boys in blue by downloading the software and codes for gold cards? Is simply possession of gold cards and a programmer an offense?
 
i am no legal expert but on what i have read about this topic you can only be nicked if they knock on your door and find the card in the box but to own a programer card and have the software is legal but when you are up in front of the judge don't quote me on that <img src="wink.gif" border="0"> damage
 
they can't do anything for having a programmer, software or blank cards, but even if it's not in your machine you can get done for being having a programmed gold card, but i belive itv are intrested in stoping the traders that make a fortune from selling the cards. <img src="mad.gif" border="0"> <img src="wink.gif" border="0"> <img src="smile.gif" border="0">
 
you forgot to mention johnny <br />(2) FRAUDULENT RECEPTION OF TRANSMISSIONS

<br />478. Offence of fraudulently receiving programmes.

A person who dishonestly receives a programme included in a broadcasting1 or cable programme service2 provided from a place3 in the United Kingdom with intent to avoid payment of any charge applicable to the reception4 of the programme commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale5. <br />Where such an offence committed by a body corporate6 is proved to have been committed with the consent or connivance7 of a director, manager8, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly9. <br />1 For the meaning of ‘broadcasting’ see para 89 ante. <br />2 For the meaning of ‘cable programme service’ and ‘inclusion in a cable programme service’ see para 92 ante. <br />3 For the meaning of ‘place from which a broadcast is made’ see para 88 note 6 ante. <br />4 For the meaning of ‘reception of a broadcast’ see para 89 note 3 ante. <br />5 Copyright, Designs and Patents Act 1988 s 297(1). For the meaning of ‘the standard scale’ see para 430 ante. In s 297 ‘programme’,‘broadcasting’ and ‘cable programme service’, and related expressions, have the same meaning as in Pt I (ss 1–179 (as amended): see para 53 et seq ante): s 299(5)(amended by the Broadcasting Act 1990 s 179(2)). As to Her Majesty’s power by Order in Council to extend the Copyright, Designs and Patents Act 1988 s 297 to the Isle of Man and the Channel Islands, and as to Her power by Order in Council to provide that s 297 shall apply in relation to programmes included in services provided from a country or territory outside the United Kingdom, see para 481 post. Section 297 applies in relation to programmes included in broadcasting or cable programme services provided from a place in the Bailiwick of Guernsey: Fraudulent Reception of Transmissions (Guernsey) Order 1989, SI 1989/2003, art 2. <br />6 In relation to a body corporate whose affairs are managed by its members,‘director’ means a member of the body corporate: Copyright, Designs and Patents Act 1988 s 297(2). See also para 427 note 2 ante. <br />7 For the meaning of ‘connive’ see para 427 note 3 ante. <br />8 For the meaning of ‘manager’ see para 427 note 4 ante. <br />9 Copyright, Designs and Patents Act 1988 s 297(2).

479. Unauthorised decoders.

A person who makes, imports1, sells2 or lets for hire, offers or exposes for sale or hire3, or advertises for sale or hire, any unauthorised4 decoder5 is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or to both, or on summary conviction to a fine not exceeding the statutory maximum6. <br />It is a defence to any prosecution for such an offence for the accused to prove that he did not know, and had no reasonable ground for knowing, that the decoder was an unauthorised decoder7. <br />1 For the meaning of ‘import’ see para 328 note 3 ante.

2 For the meaning of ‘sell’ see para 329 note 5 ante.

3 For the meaning of ‘offer or expose for sale or hire’ see para 329 notes 6, 7 ante.

4 For these purposes,‘unauthorised’, in relation to a decoder, means a decoder which will enable encrypted transmissions to be viewed in decoded form without payment of the fee, however imposed, which the person making the transmission, or on whose behalf it is made, charges for viewing those transmissions, or viewing any service of which they form part: Copyright, Designs and Patents Act 1988 s 297A(3)(added by the Broadcasting Act 1990 s 179(1)).‘Transmission’ means any programme included in a broadcasting or cable programme service which is provided from a place in the United Kingdom: Copyright, Designs and Patents Act 1988 s 297A(3)(as so added). For the meaning of ‘decoder’ see note 4 infra; for the meaning of ‘broadcasting’ see para 89 ante; for the meaning of cable programme service’ see para 92 ante; and for the meaning of ‘place from which a broadcast is made’ see para 88 note 6 ante.

5 For these purposes,‘decoder’ means any apparatus which is designed or adapted to enable, whether on its own or with any other apparatus, an encrypted transmission to be decoded; and ‘apparatus’ includes any device, component or electronic data: ibid s 297A(3)(as added: see note 4 supra).

6 Ibid s 297A(1)(added by the Broadcasting Act 1990 s 179(1); substituted by the Broadcasting Act 1996 s 140(1)). For the meaning of ‘the statutory maximum’ see para 428 ante. See also R v Bridgeman and Bhutt [1996] FSR 538 (where the defendants who re-enabled disabled smart cards or extended the range of services for which a particular card had been enabled were charged with conspiracy to defraud). The Copyright, Designs and Patents Act 1988 s 297A(1)(as so added and substituted) applies only to an offence committed on or after 1 October 1996: Broadcasting Act 1996 s 140(2). In the Copyright, Designs and Patents Act 1988 s 297A (as added and amended)‘programme’,‘broadcasting’ and ‘cable programme service’, and related expressions, have the same meaning as in Pt I (ss 1–179 (as amended): see para 53 et seq ante): s 299(5)(amended by the Broadcasting Act 1990 s 179(2)).

7 Copyright, Designs and Patents Act 1988 s 297A(2)(added by the Broadcasting Act 1990 s 179(1)).

479 Unauthorised decoders

TEXT AND NOTES—Replaced. <br />A person commits an offence if he (1) makes, imports, distributes, sells or lets for hire or offers or exposes for sale or hire any unauthorised1 decoder2;(2) has in his possession for commercial purposes any unauthorised decoder;(3) instals, maintains or replaces for commercial purposes any unauthorised decoder; or (4) advertises any unauthorised decoder for sale or hire or otherwise promotes any unauthorised decoder by means of commercial communications3. A person guilty of such an offence is liable (a) on summary conviction, to a fine not exceeding the statutory maximum4;(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both5. It is a defence to any prosecution for such an offence for the defendant to prove that he did not know, and had no reasonable ground for believing, that the decoder was an unauthorised decoder6. <br />1 ‘Unauthorised’, in relation to a decoder (see NOTE 2 infra), means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means);‘conditional access technology’ means any technical measure or arrangement whereby access to encrypted transmissions in an intelligible form is made conditional on prior individual authorisation;‘encrypted’ includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application; and ‘transmission’ means (1) any programme included in a broadcasting or cable programme service which is provided from a place in the United Kingdom or any other member state; or (2) an information society service (within the meaning of EC Parliament and Council Directive 98/34, as amended by EC Parliament and Council Directive 98/48) which is provided from a place in the United Kingdom or any other member state: Copyright, Designs and Patents Act 1988 s 297A(4)(s 297A substituted by SI 2000/1175).

2 ‘Decoder’ means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded; and ‘apparatus’ includes any device, component or electronic data (including software): Copyright, Designs and Patents Act 1988 s 297A(4)(s 297A as substituted: see NOTE 1 supra).

3 Ibid s 297A(1)(s 297A as substituted: see NOTE 1 supra).

4 As to the statutory maximum see para 428.

5 Copyright, Designs and Patents Act 1988 s 297A(2)(s 297A as substituted: see NOTE 1 supra).

6 Ibid s 297A(3)(s 297A as substituted: see

480 Rights and remedies in respect of apparatus etc for unauthorised reception of transmissions

TEXT AND NOTES—Replaced. <br />A person who (1) makes charges for the reception of programmes included in a broadcasting or cable programme service provided from a place in the United Kingdom or any other member state;(2) sends encrypted1 transmissions2 of any other description from a place in the United Kingdom or any other member state; or (3) provides conditional access services3 from a place in the United Kingdom or any other member state, is entitled to the following rights and remedies4. He has the same rights and remedies against a person (a) who (i) makes, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire;(ii) has in his possession for commercial purposes; or (iii) instals, maintains or replaces for commercial purposes, any apparatus5 designed or adapted to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so; or (b) who publishes or otherwise promotes by means of commercial communications any information which is calculated to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so, as a copyright owner has in respect of an infringement of copyright6. Further, he has the same rights in respect of the delivery up or seizure of certain articles7 in relation to any such apparatus as a copyright owner has in relation to an infringing copy8. Provision is also made with regard to the withdrawal of privilege against incrimination of oneself or one’s spouse9. <br />1 For the meaning of ‘encrypted’ see para 479 NOTE 1 ante. <br />2 ‘Transmission’ includes transmissions as defined in the Copyright, Designs and Patents Act 1988 s 297A (as substituted: see para 479 NOTE 1 ante). <br />3 ‘Conditional access services’ means services comprising the provision of conditional access technology: ibid s 298(7)(s 298 substituted by SI 2000/1175). For the meaning of ‘conditional access technology’ see para 479 NOTE 1 ante. <br />4 Copyright, Designs and Patents Act 1988 s 298(1)(s 298 as substituted: see NOTE 3 supra). <br />5 For the meaning of ‘apparatus’ see para 479 NOTE 2 ante. <br />6 Copyright, Designs and Patents Act 1988 s 298(2)(s 298 as substituted: see NOTE 3 supra). <br />7 Ie under ibid s 99 or 100. <br />8 Ibid s 298(3)(s 298 as substituted: see NOTE 3 supra). In s 97(1), as it applies to proceedings for infringement of the rights conferred by s 298, the reference to the defendant not knowing or having reason to believe that copyright subsisted in the work is to be construed as a reference to his not knowing or having reason to believe that his acts infringed the rights conferred by s 298: s 298(5)(s 298 as substituted). Section 114 applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of s 298(3): s 298(6)(s 298 as substituted). <br />9 See ibid s 298(4)(s 298 as substituted: see NOTE 3 supra), which applies the Supreme Court Act 1981 s 72 to proceedings under the Copyright, Designs and Patents Act 1988 s 298 as it applies to proceedings under Pt I (ss 1–179). <br />(curtosy of my m8 tators)<br /> <br /> <img src="wink.gif" border="0"> damage
 
I've heard of rumours of activities to close down websites and getting the boys in blue to visit people and marching them down the station.

This is backed up by disruption on the related websites.

On top of this we've heard that ISP's may be logging accesses to the websites in cahoots with the digital TV provider, so they may know a lot more than we know.

Now, from my own point of view, I think what I'm doing is not immoral; rather it's immoral to extort so much money out of people for the Digital TV service which I think sucks. (I do pay for a subscription, and I'm happy to pay for this).

However, I'd rather not bother with the hack if I'm likely to get a visit and end up in the clink.

So, are the risks minimal, or could something be going on? I don't want to cause panic, just get an idea of what's going on.
 
Well done damage, i believe that is the longest post in dw history. <img src="wink.gif" border="0"> <img src="smile.gif" border="0"> <img src="biggrin.gif" border="0">
 
In reality tho as long as you dont profit from the abuse of copyright law F.A.C.T aint going to do anything just scare you . The police + F.A.C.T<br />and Trading Standards aint bothered about Joe Bloggs theyre after greedy traders + good luck to them <img src="biggrin.gif" border="0">
 
Managed to read this thread ok. Understanding it was another matter.

What would be the bottom line for an end user of this sevice.... smack on the wrist and a fine?

<img src="eek.gif" border="0">
 
The only risk of someone getting the dreaded knock on the door from itv digital, would be mickie d or myself <img src="biggrin.gif" border="0">

But as we don't sell cards and don,t make money out of this site.......like some traders try to on here <img src="mad.gif" border="0"> <br /> <br />I think they will concentrate on getting the traders, which i am 100% behind itv digital on that <img src="smile.gif" border="0">

And at the end of the day it is, fraudulently receiving programmes with intent to avoid payment, which we all know that don,t we.....

damage could you not make that thread any longer m8 <img src="biggrin.gif" border="0"> <img src="wink.gif" border="0"> <br />Gazer.
 
I can remember in the old days of $ky analogue it used to be said that as they beam the signal out into the public domain if you can crack it you arent breaking the law. Which seems fair enough to me. The idea being they make the signal available to you but cant dictate how you use it.

They've obviously tightened things up a bit since then (from what I can make of damages post) but that would be my argument.
 
If you think about it, how can the traders get a visit without the end-users getting a visit first... a trader would have to be "grassed" on by an end user in order to get a visit from "the boys in blue"
 
some traders have stalls in local markets and car boots sales or even brag about it in the pub!

and they don't care who knows! <img src="mad.gif" border="0">
 
I don't care who they tell weather down the pub, on the market, on the street, in work, they can tell everyone they want. <img src="redface.gif" border="0"> <img src="redface.gif" border="0"> <br />chances are there going down sooner than they may think.

The less of the traders around spongeing the better it'll be for us. <img src="smile.gif" border="0"> <img src="smile.gif" border="0">
 
Very interesting (God damage, you must be going for the Booker prize!). <br />Now then, what is the situation regarding MOSCs? Is that a whole new ball game on a slightly different theme? Obviously still breaking the law but does anyone know ITV Digital's stance on this?
 
MOSC will be the same after all its recieving channels without paying <img src="smile.gif" border="0">
 
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